Terms and Conditions

Wedding Photography Contract :

GENERAL TERMS AND CONDITIONS:

ENTIRE AGREEMENT: This agreement contains the entire understanding between Black Avenue Productions and the Client. It supersedes all prior and/or any other verbal or other agreements between the parties. Additions or alterations to this agreement will only be recognised if in writing and signed by both parties.

BOOKINGS: Upon receiving written confirmation and the required deposit, Black Avenue Productions will reserve the time/s and date/s agreed upon, and will not make any other reservations for that period. For this reason, the booking deposit is non refundable for any reason what so ever. The booking deposit is to be paid at time of signing the contract. The booking deposit is applied towards the agreed and contracted wedding photography package. The Client understands and agrees that the total amount owed for the wedding photography package described in the contract is due on or before one (1) month of the actual wedding event.

CANCELLATION: In the event that the Client cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit.
In the event Black Avenue Productions are unable to attend the wedding and fulfil their photographic obligations, for whatever reason, all monies paid by the Client will be refunded.

PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalise the actual shooting times and locations. This will occur during the Other Photography Session agreed on or at least two (2) weeks prior to the date.

EVENT GUIDE: The Client is responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering those people for the required photograph(s).

COOPERATION: The parties agree to positive cooperation and communication to achieve the best possible result. Black Avenue Productions is not responsible for key individuals’ failure to be present or to cooperate during the photographic sessions or for missed images due to details not revealed to Black Avenue Productions.
Black Avenue Productions recommends that the Client designate a ʺevent guideʺ to point out important individuals to the photographer, whom the Client wishes to include in informal or candid photographs.

SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties involved. All parties agree that positive cooperation and punctuality are therefore essential for the shooting process to remain on schedule. Should the ceremony start late due to any reason whatsoever, Black Avenue Productions cannot be held liable for any photographs not taken.

HOUSE RULES: The photographer(s) is limited by the guidelines of the ceremony official or the reception site management. The Client agrees to accept the technical results of their imposition on the photographer(s). Negotiation with the officials for moderation of guidelines is the Client’s responsibility; Black Avenue Productions will offer technical recommendations only.

DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Black Avenue Productions are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Black Avenue Productions’ express written permission. The Client has limited copyright ownership of the resulting images, which will be transferred to the Client under the following conditions:

The digital Images and digital files are the property of the Client for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.

The Client must obtain written permission from, and compensate Black Avenue Productions prior to an event where the Client, the Clients friends or relatives publish or sell the photographs for profit.

MODEL RELEASE: The Client hereby assigns and grants Black Avenue Productions and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright same. The Client hereby releases Black Avenue Productions and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Black Avenue Productions may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television, advertising, magazine advertising and any other purpose thought proper by Black Avenue Productions.

EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood and agreed that Black Avenue Productions will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may adversely affect shots taken by Black Avenue Productions, the Client acknowledges that they are responsible for notifying all of their guests that guest photography is restricted at any time while the professional photographer is in session. The formal photography time is for the exclusive use of Black Avenue Productions to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. Black Avenue Productions agrees to guests taking snapshots during the pre and post professional sessions.

GUEST COOPERATION: The Client is responsible for the conduct of their guests. The Client or their authorised representative will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer(s). Coordination with other service providers is necessary to complete all the required photography sessions as scheduled. The Client should share the photography schedule with other service providers to ensure no conflict in times. Black Avenue Productions will not tolerate any verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may adversely affect the quality and/or quantity of the photographs taken. Unruly guest behaviour and/or photographic equipment damage will result in the immediate and possible early departure of the photographer(s). The Client understands that in such an event, no refunds will be granted. The Client will be responsible for the costs of any repair or replacement of any equipment damage.

COMPLETION SCHEDULE: The digital editing process can only start post the main wedding event. Digital processing takes approximately 6 to 8 weeks.

FINAL DELIVERY OF DIGITAL IMAGES: Black Avenue Productions will provide the Client with one (1) fully formatted USB stick with the agreed compilation of the agreed number of digital images there in within four (4) to eight (8) weeks of the wedding event. A small selection of “sneak peek” images maybe make available within one (1) week of the wedding event for social media sharing.

PAYMENTS: THE CLIENT agrees that the deposit is required at the time of contract acceptance and 100% of the remaining balance is due on or before one (1) month of the wedding.

METHOD OF PAYMENT: Payment can be made in cash or via direct deposit or PayPal prior to one (1) month of the wedding day into the following bank account:

RIGHT OF WITHDRAWAL: Black Avenue Productions discovery of new information, changes to agreed circumstances, or other factors, which tend to circumvent its policies, may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of such factors. In the event Black Avenue Productions withdraws, all payments made to date will be returned, excluding the deposit as well as fair market value for all services/products already provided. In case of withdrawal, $150.00 an hour is charged for all photography services already provided and $50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.

LIMIT OF LIABILITY: While every reasonable effort will be made to produce and deliver outstanding photographs of the wedding events, Black Avenue Productions’ entire liability to the Client for any claim, loss, or injury arising from the Photographer’s performance is limited to a refund of monies paid (minus the deposit) upon return of all products (including retraction of all images from the internet and social networking media). Because this is an uncontrolled event, Black Avenue Productions cannot guarantee delivery of any specifically requested image(s) or images of every single guest in attendance. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Black Avenue Productions will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Black Avenue Productions takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the clients images being lost, stolen or destroyed for reasons within or beyond Black Avenue Productions’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

NON-GUARANTEE: Although all possible care will be taken to produce images of all important or special moments during the wedding, Black Avenue Productions cannot place an unconditional guarantee on the above. Black Avenue Productions cannot be held responsible for any substandard images due to guests’ (or any other) flashes or any other cause in or outside of Black Avenue Productions’ control.

QUANTITY OF IMAGES TAKEN AND TAKING OF SIMILAR IMAGES: In order to ensure that the images desired by the Client are recorded and preserved and to lessen the possibility of equipment or photographer error, some poses and group shots will be taken multiple times and or with multiple cameras. This is done to ensure that if a person blinks, distractions in the background which are not initially seen, hair, clothes or equipment (camera, flash, or some other item) fails to work as expected another image using the same or different camera has also recorded a similar image. This means that there will be multiple similar images delivered to the client. Group photos will require more images be taken so as to ensure that the best possible image is captured. Multiple cameras: When photographs are taken with multiple different cameras, each one will have a different type of lens on it. This results in slight perspective changes (wide angle on one camera, standard lens, or a telephoto lens on a camera) and thus also more variety to choose from while performing the “insurance” function at the same time. Multiple images with same camera: When this is done, especially on group shots, two or three similar images will occur in a row. Different camera settings are sometimes used to ensure proper exposure which may not always be noticeable. The Client should expect that up to 25% of the images received could be very similar by using this system to ensure that the best possible image is recorded.

PERFORMANCE: The performance of this contract is contingent upon acts of God, weather, flood, fire, warfare, government laws or regulations, electrical failure, equipment failure, strikes by suppliers, and/or any conditions beyond its control.

SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and all other provisions of the agreement shall remain in full force and effect.

AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client and Black Avenue Productions at the time of acceptance of this contract shall be recognised as amendments to this contract.

MEALS: The client understands that meals are to be provided for up to two Photographers at the wedding reception. If the meals are not provided the Client understands that the Photographer(s) will leave the event for up to one hour to purchase meals.

QUALITY STANDARD OF PRODUCT: All digital and print products delivered by Black Avenue Productions will be Colour corrected by the Photographer or our post production team on the their own equipment. Black Avenue Productions will provide the best possible quality images for printing purposes. The Client understands that any images printed by the Client may not be of the same quality and may not have archival characteristics as the printing services provided by Black Avenue Productions.

PRODUCT PRICING: Additional prints and albums, to the ordered package will be made available from Black Avenue Productions for purchase (if required). All contracted products must be ordered within one (1) year of the wedding Date. If contracted products are not ordered within one (1) year, Black Avenue Productions will NOT provide the client with all/any outstanding products (albums/prints). Black Avenue Productions will be deemed to have satisfied all the obligations set out in this contract. Orders placed after a period of one (1) year, will be billed at Black Avenue Productions’ current pricing, which may be greater. Any additional editing and/or retouching will be subject to an hourly rate of $100 per hour. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup, environmental effects, teeth whitening, brightening of eyes, and bodily enhancements.

27: ALBUM/PHOTOBOOK ORDERS: Black Avenue Productions will propose, design and advise of an album/photobook layout, however, all Client choices will prevail. Album orders will include choice of photographs selected (with special instructions, if any) and these decisions are made following inspection of images. A total of three (3) album design sessions are included for all album orders. Additional album design sessions are billed at $250.00 per session. In the event that the client desires extra pages in any albums, the client will be charged $50 per extra page (2 sides) for pre-ordering extra spreads at the time of booking and $50 per extra page after the wedding date. Due to the custom nature of album orders, all album orders are final upon submission and cannot be changed under any circumstances. All albums/photobooks will be delivered to the Client six (6) to eight (8) weeks after approval on the final layout.

SHIPPING: In the event that shipping is required, the Client understands that shipments for products such as, USB stick, Albums/Photobooks, Prints, and Wall mount artworks are usually shipped using registered post. Client is responsible for requesting and paying for postal insurance. Client releases Black Avenue Productions from any liability from uninsured claims due to loss or damage during shipping with Australia Post or chosen courier company(s). Client understands and acknowledges that Black Avenue Productions is not liable for any damage to the product caused by Australia Post or chosen courier company(s) during shipping.
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Pre-Wedding + Portrait Photography Contract :

GENERAL TERMS AND CONDITIONS:

ENTIRE AGREEMENT: This agreement contains the entire understanding between Black Avenue Productions and the Client. It supersedes all prior and/or any other verbal or other agreements between the parties. Additions or alterations to this agreement will only be recognised if in writing and signed by both parties.

CANCELLATION: There shall be NO refund of retainer from the signing of agreement due to the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that Black Avenue Productions will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and Black Avenue Productions. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Black Avenue Productions of the cancellation.
Black Avenue Productions is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the retainer is non-refundable. The session can be rescheduled at the original portrait session fee. In the event Black Avenue Productions are unable to attend the session and fulfil their photographic obligations, for whatever reason, all monies paid by the Client will be refunded.

METHOD OF PAYMENT: Payment can be made in cash or via direct deposit or PayPal into the following account: (Please note your name and wedding date as reference.)

CREATIVE LICENSE: Images are edited at the photographer’s discretion, and delivered prints may not include all images shot. Black Avenue Productions reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s artistic standards.

FAILURE TO PERFORM: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, Black Avenue Productions can not be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The photographer(s) is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer(s) is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Black Avenue Productions will be used for organizational purposes only and in no way represents photography that will actually be produced. Black Avenue Productions will do its best to fulfill all requests but can make no guarantees all images will be delivered. Black Avenue Productions recommends that CLIENT point out important individuals for informal or candid photographs to the photographer(s) during portrait shooting, that they wish to have photographed. The photographer(s) will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photograph’s.

MEALS: A light meal is required for events up to 6 hours for Black Avenue Productions. For events up to and past 8 hours a full course meal is required. If no meal is provided, it is understood that Black Avenue Productions will leave the event for up to 1 hour to purchase a meal.

GARMENTS: Black Avenue Productions cannot be held responsible for damage to Garments during environmental events. Client is responsible to arrange personal assistance for garments.

DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Black Avenue Productions are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Black Avenue Productions’ express written permission. The Client has limited copyright ownership of the resulting images, which will be transferred to the Client under the following conditions:

The digital Images and digital files are the property of the Client for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.

The Client must obtain written permission from, and compensate Black Avenue Productions prior to an event where the Client, the Clients friends or relatives publish or sell the photographs for profit.

MODEL RELEASE: The Client hereby assigns and grants Black Avenue Productions and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright same. The Client hereby releases Black Avenue Productions and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Black Avenue Productions may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television, advertising, magazine advertising and any other purpose thought proper by Black Avenue Productions.

RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Black Avenue Productions will reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Black Avenue Productions will reshoot at no additional charge.

SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and all other provisions of the agreement shall remain in full force and effect.

LIMIT OF LIABILITY: Black Avenue Productions take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Black Avenue Productions’ control, Black Avenue Productions’ liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Black Avenue Productions will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.

CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Black Avenue Productions’ service on the portrait date, provided Black Avenue Productions is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to ordering of prints, albums, photobooks or wall art products. Client may not decrease the period of Black Avenue Productions’ service on the portrait date. If the period of Black Avenue Productions’ service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Black Avenue Productions shall still receive the total fees outlined above.

PORTRAIT FEES: Portrait fees include an initial telephone or in-person consultation with Black Avenue Productions, a two-hours portrait session (or the number of hours purchased in package), and a USB containing the high-resolution photographs from our session. Shipping of the USB and photographer’s travel to and from shoot location within Melbourne area are also included. Additional travel fees are required for shoot locations outside of Melbourne.

FINAL DELIVERY OF DIGITAL IMAGES: Black Avenue Productions will provide the Client with one (1) fully formatted USB stick with the agreed compilation of the agreed number of digital images there in within four (4) to six (6) weeks of the portrait session.

QUALITY STANDARD OF PRODUCT: All digital and print products delivered by Black Avenue Productions will be Colour corrected by the Photographer or our post-production team on our own equipment. Black Avenue Productions will provide the best possible quality images for printing purposes. The Client understands that any images printed by the Client may not be of the same quality and may not have archival characteristics as the printing services provided by Black Avenue Productions.

PRINT LIFE: Client is aware that colour dyes and inks in prints may fade or discolour over time due to the inherent qualities of dyes and inks, and Client releases Black Avenue Productions from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.

PRODUCT PRICING: Additional prints and albums, to the ordered package will be made available from Black Avenue Productions for purchase (if required). All contracted products must be ordered within one (1) year of the session date. If contracted products are not ordered within one (1) year, Black Avenue Productions will NOT provide the client with all/any outstanding products (albums/prints). Black Avenue Productions will be deemed to have satisfied all the obligations set out in this contract. Orders placed after a period of one (1) year, will be billed at Black Avenue Productions’ current pricing, which may be greater. Any additional editing and/or retouching will be subject to an hourly rate of $100 per hour. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup, environmental effects, teeth whitening, brightening of eyes, and bodily enhancements.

19: ALBUM/PHOTOBOOK ORDERS: Black Avenue Productions will propose, design and advise of an album/photobook layout, however, all Client choices will prevail. Album orders will include choice of photographs selected (with special instructions, if any) and these decisions are made following inspection of images. A total of two (2) album design sessions are included for all album orders. Additional album design sessions are billed at $250.00 per session. In the event that the client desires extra pages in any albums, the client will be charged $50 per extra page (2 sides). Due to the custom nature of album orders, all album orders are final upon submission and cannot be changed under any circumstances. All albums/photobooks will be delivered to the Client six (6) to eight (8) weeks after approval on the final layout.

SHIPPING: In the event that shipping is required, the Client understands that shipments for products such as, USB stick, Albums/Photobooks, Prints, and Wall mount artworks are usually shipped using registered post. Client is responsible for requesting and paying for postal insurance. Client releases Black Avenue Productions from any liability from uninsured claims due to loss or damage during shipping with Australia Post or chosen courier company(s). Client understands and acknowledges that Black Avenue Productions is not liable for any damage to the product caused by Australia Post or chosen courier company(s) during shipping.

By signing of this contract, the Client acknowledges that they have thoroughly read they contract and consent to all terms and conditions outlined herein.